- 1 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 13794 OF 2026 (GM-RES) BETWEEN: 1. SHIVANAND N. BHATKAL SON OF SHIVANAND NARAYAN BHATKAL AGED ABOUT 66 YEARS RESIDING AT NO. 10/3 2ND FLOOR GURUPRASAD, P G HALLI MAIN ROAD NEAR DATTATREYA TEMPLE MALLESHWARAM, BANGALORE NORTH KARNATAKA 560003 …PETITIONER (BY SRI: ARUNACHALAM S, ADVOCATE) AND: 1. KOTAK MAHINDRA BANK MAKAM PLAZA, 3RD MAIN ROAD 18TH CROSS ROAD, MALLESWARAM BENGALURU-560055 2. STATE OF ANDHRA PRADESH BY CYBER CRIME POLICE STATION DISHA MAHAILA PS, 1ST FLOOR YENDADA, VISAKKHAPATNAM CITY PIN 530045 …RESPONDENTS (BY SMT: SREEDEVI, ADV FOR SRI: JAI M. PATIL, ADV FOR R1; NOTICE TO R2 IS D/W V/O DTD. 12.5.2026) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 TO DEFREEZE THE PETITIONERS BANK ACCOUNT BEARING ACCOUNT NO. 3011219591 AND ETC., THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "Wherefore, the petitioner most respectfully prays that this Hon'ble Court may be pleased to: a) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing respondent No.1 to defreeze the petitioner's bank account bearing Account No.3011219591. b) Pass such other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioner submits that under identical circumstances in the case of Mr K Nanda Kishore Vs State Bank of India and Others [Writ Petition No.30887 of 2024 and other connected matters DD - 3 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 14.11.2025], the co-ordinate Bench of this Court has passed the following order: "The petitioners seek directions to the respective Banks to de-freeze their corresponding accounts and to permit them to operate their bank accounts. This Court has heard not just Sri Akash B Shetty, the learned counsel who is on record for the petitioners but also the learned counsels for the respective Banks and Sri H.V. Bhanu Prakash, the learned Additional Advocate General, Sri P. Prasanna Kumar and Sri Shanti Bhushan H, the learned amici curiae, who are assisting this Court in disposal of similar matters. 2. The petitioners' common grievance is because the corresponding Banks have frozen their respective accounts. The Banks have frozen their accounts because of communications from the different Police Officers as mentioned in each of these petitions. Sri Akash B Shetty submits, with the advantage of the arguments that have been advanced on the larger question on whether the account holders must receive due information about the amounts marked for lien on receipt of a complaint, that the grievance of these petitioners would be addressed if this Court disposes of the petitions with directions to the corresponding Banks to limit freezing to the amounts marked for lien by the concerned Police and permit them to operate the accounts beyond the amount marked for lien. - 4 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 3. Sri H.V. Bhanu Prakash and Sri Shanthi Bhushan H are categorical that instructions have been issued to all the Banks to limit the de-freezing to the amounts marked for lien and not restrict the accounts holders from operating the accounts beyond the amount marked for lien. In fact, Sri H.V. Bhanu Prakash invites this Court's attention to the Circular dated 20.07.2024 and the Standing Order No.1041 dated 18.03.3025 to emphasize that the Police Investigation Authorities within the State have been called upon not to issue any directions to freeze the bank accounts without justifiable reasons and if an account has to be frozen, it should only be to the extent of the suspected transaction. The relevant part of the Circular reads as under: "AiÀiÁªÀÅzÉà vÀ¤SÉ ¸ÀA§AzsÀ DgÉÆævÀ ªÀåQÛ CxÀªÁ EvÀgÉ AiÀiÁªÀÅzÉà ªÀåQÛUÀ¼À CxÀªÁ ¸ÀA¸ÉÜUÀ¼À ¨ÁåAPï SÁvÉUÀ¼À°è vÀ¤SÉUÉ ¸ÀA§A¢ü¹zÀ ªÉÆvÀÛ dªÉÄ CVzÀÝ°è CxÀªÁ EvÀgÀ ¸ÀAzÀ¨sÀðUÀ¼À°è F PɼÀV£À PÀæªÀÄUÀ¼À£ÀÄß C£ÀĸÀj¸ÀvÀPÀÌzÀÄÝ. 1) ªÉÆzÀ®£ÉAiÀÄzÁV ¸ÀPÁgÀt«®èzÉ AiÀiÁªÀÅzÉà ¨ÁåAPï SÁvÉUÀ¼À£ÀÄß ¦üæÃeï ªÀiÁqÀvÀPÀÌzÀÝ®è. MAzÀÄ ªÉÃ¼É ¦üæÃeï ªÀiÁqÀĪÀ ¸ÀAzÀ¨sÀð §AzÀ°è ¸ÀA±ÀAiÀiÁ¸ÀàzÀ ªÉÆvÀÛ (Lien Amount) ªÀ£ÀÄß ªÀiÁvÀæ ¦üæÃeï ªÀiÁqÀvÀPÀÌzÀÄÝ. ¸ÀA¥ÀÆtð ¨ÁåAPï SÁvÉAiÀÄ£ÀÄß ¦üæÃeï ªÀiÁqÀvÀPÀÌzÀÝ®è. 2) MAzÀÄ ªÉÃ¼É ¸ÀA¥ÀÆtð SÁvÉAiÀÄ£ÀÄß ¦üæÃeï ªÀiÁqÀ¨ÉÃPÁzÀ°è ¸ÀÆPÀÛ ¸ÀªÀiÁeÁ¬Ä¶ ªÀÄvÀÄÛ ¸ÀPÁgÀtUÀ¼ÉÆA¢UÉ vÀªÀÄUÉ ¸ÀA§AzsÀ¥ÀlÖ C¥ÀgÀ ¥Éưøï DAiÀÄÄPÀÛgÀÄ gÀªÀjAzÀ °TvÀ C£ÀĪÀÄw ¥ÀqÉzÀÄ ¦üæÃeï ªÀiÁqÀĪÀÅzÀÄ. 3) AiÀiÁªÀÅzÉà ¨ÁåAPï£ÉÆA¢UÉ ¥ÀvÀæ ªÀåªÀºÁgÀ ªÀiÁrzÁUÀ Bankers Books Evidence Act-1891 £À°è ¤ÃrgÀĪÀ ¸ÀÆZÀ£ÉUÀ¼À£ÀÄß PÀqÁØAiÀĪÁV ¥Á®£É ªÀiÁqÀvÀPÀÌzÀÄÝ. 4) AiÀiÁªÀÅzÉà ¨ÁåAPï SÁvÉUÀ¼À£ÀÄß ªÀÄvÀÄÛ SÁvÉUÀ¼À Lien Amount UÀ¼À£ÀÄß ¦üæÃeï ªÀiÁrzÀ°è. PÀÆqÀ¯É F ªÀiÁ»wAiÀÄ£ÀÄß ¸ÀA§AzsÀ¥ÀlÖ £ÁåAiÀiÁ®AiÀÄPÉÌ PÀqÁØAiÀĪÁV ¸À°è¸ÀvÀPÀÌzÀÄÝ. 5) F ¸ÀÄvÉÆïÉAiÀÄ£ÀÄß «ÄÃj ªÀwð¸ÀĪÀ vÀ¤SÁ¢üPÁjUÀ¼À «gÀÄzÀÝ ¸ÀºÁAiÀÄPÀ ¥Éưøï DAiÀÄÄPÀÛgÀÄ/ G¥À ¥ÉÆðøï DAiÀÄÄPÀÛgÀÄUÀ¼ÀÄ ²¹Û£À PÀæªÀÄPÁÌV ªÀgÀ¢ ¸À°è¸ÀvÀPÀÌzÀÄÝ." - 5 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 In the light of this, the petitioners seek disposal of these petitions, with a direction to the corresponding Banks to limit the freezing to the amount marked for lien and this Court is of the view that the petitions, without prejudice to the petitioners' rights, otherwise must be disposed of directing the corresponding Banks to communicate the amount marked for lien as part of investigation and permit the petitioners to operate the accounts otherwise. As such, the following ORDER [i] The petitions are disposed of directing the respective Banks to communicate to the petitioners the amounts that are marked for lien by the authorities and also permit them to operate the accounts beyond the amounts marked for lien. [ii] The petitioners are reserved with liberty to file a certified copy of this order within two [2] weeks from the date of receipt of a copy of this order and the corresponding Banks shall inform the amounts marked for lien and permit the petitioners to operate the accounts beyond such amounts forthwith. [iii] It is needless to observe that if the authorities for reasons have not marked the amounts to be on lien, the petitioners must avail their remedy in accordance with law." - 6 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 3. The aforesaid directions issued by the co-ordinate Bench of this Court in the aforesaid order were passed under identical circumstances, and as such, I am of the considered opinion that the present petition also deserves to be disposed off in terms of the aforesaid order. 4. In the result, I pass the following: ORDER The petition is disposed of in terms of aforesaid order passed in Mr K Nanda Kishore Vs State Bank of India and Others [Writ Petition No.30887 of 2024 and other connected matters DD 14.11.2025], by issuing the following directions: (i) The respective Banks are directed to communicate to the petitioner the amounts that are marked for lien by the authorities and also permit them to operate the accounts beyond the amounts marked for lien. (ii) The petitioner is reserved with liberty to file a certified copy of this order within two [2] weeks from the date of receipt of a copy of this order and the corresponding Banks shall inform the - 7 - HC-KAR NC: 2026:KHC:24694 WP No. 13794 of 2026 amounts marked for lien and permit the petitioner to operate the accounts beyond such amounts forthwith. (iii) It is needless to observe that if the authorities for reasons have not marked the amounts to be on lien, the petitioner must avail their remedy in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE BGN List No.: 1 Sl No.: 11